Scottish Commissioner for Human Rights Bill 2005
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Passage of the Scottish Commissioner for Human Rights Bill 2005 SPPB 101 Passage of the Scottish Commissioner for Human Rights Bill 2005 SP Bill 48 (Session 2), subsequently 2006 asp 16 SPPB 101 EDINBURGH: APS GROUP SCOTLAND £65 For information in languages other than English or in alternative formats (for example Braille, large print, audio tape or various computer formats), please send your enquiry to Public Information, The Scottish Parliament, Edinburgh, EH991SP. You can also contact us by email [email protected] We welcome written correspondence in any language © Parliamentary copyright. Scottish Parliamentary Corporate Body 2012. Applications for reproduction should be made in writing to the Information Policy Team, Office of the Queen’s Printer for Scotland, Admail ADM4058, Edinburgh, EH1 1NG, or by email to: [email protected]. OQPS administers the copyright on behalf of the Scottish Parliamentary Corporate Body. Printed and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by APS Group Scotland. ISBN 978-1-4061-8129-6 Contents Page Foreword Introduction of the Bill Bill (As Introduced) (SP Bill 48) 1 Explanatory Notes (and other accompanying documents) (SP Bill 48-EN) 21 Policy Memorandum (SP Bill 48-PM) 40 Memorandum on Delegated Powers 62 Stage 1 Stage 1 Report, Justice 1 Committee 65 Written submissions to Justice 1 Committee 342 Written submission to Finance Committee 416 Extract from the Minutes, Finance Committee, 29 November 2005 420 Official Report, Finance Committee, 29 November 2005 421 Scottish Executive response to Stage 1 Report, 28 April 2006 428 Extract from the Minutes of the Parliament, 3 May 2006 438 Official Report, Meeting of the Parliament, 3 May 2006 439 Before Stage 2 Correspondence between Justice 1 Committee and the Scottish Executive 466 on proposed amendments Stage 2 1st Marshalled List of Amendments for Stage 2 (SP Bill 48-ML1) 476 1st Groupings of Amendments for Stage 2 (SP Bill 48-G1) 495 Extract from the Minutes, Justice 1 Committee, 20 September 2006 497 Official Report, Justice 1 Committee, 20 September 2006 498 2nd Marshalled List of Amendments for Stage 2 (SP Bill 48-ML2) 522 2nd Groupings of Amendments for Stage 2 (SP Bill 48-G2) 533 Extract from the Minutes, Justice 1 Committee, 27 September 2006 535 Official Report, Justice 1 Committee, 27 September 2006 537 Bill (As Amended at Stage 2) (SP Bill 48A) 565 Revised Explanatory Notes (SP Bill 48A-EN) 587 After Stage 2 Correspondence from the Scottish Executive to Justice 1 Committee, 31 600 October 2006 Stage 3 Marshalled List of Amendments selected for Stage 3 (SP Bill 48A-ML) 609 Groupings of Amendments for Stage 3 (SP Bill 48A-G) 627 Extract from the Minutes of the Parliament, 2 November 2006 629 Official Report, Meeting of the Parliament, 2 November 2006 631 Bill (As Passed) (SP Bill 48B) 671 Foreword Purpose of the series The aim of this series is to bring together in a single place all the official Parliamentary documents relating to the passage of the Bill that becomes an Act of the Scottish Parliament (ASP). The list of documents included in any particular volume will depend on the nature of the Bill and the circumstances of its passage, but a typical volume will include: • every print of the Bill (usually three – “As Introduced”, “As Amended at Stage 2” and “As Passed”); • the accompanying documents published with the “As Introduced” print of the Bill (and any revised versions published at later Stages); • every Marshalled List of amendments from Stages 2 and 3; • every Groupings list from Stages 2 and 3; • the lead Committee’s “Stage 1 report” (which itself includes reports of other committees involved in the Stage 1 process, relevant committee Minutes and extracts from the Official Report of Stage 1 proceedings); • the Official Report of the Stage 1 and Stage 3 debates in the Parliament; • the Official Report of Stage 2 committee consideration; • the Minutes (or relevant extracts) of relevant Committee meetings and of the Parliament for Stages 1 and 3. All documents included are re-printed in the original layout and format, but with minor typographical and layout errors corrected. Documents in each volume are arranged in the order in which they relate to the passage of the Bill through its various stages, from introduction to passing. The Act itself is not included on the grounds that it is already generally available and is, in any case, not a Parliamentary publication. Outline of the legislative process Bills in the Scottish Parliament follow a three-stage process. The fundamentals of the process are laid down by section 36(1) of the Scotland Act 1998, and amplified by Chapter 9 of the Parliament’s Standing Orders. In outline, the process is as follows: • Introduction, followed by publication of the Bill and its accompanying documents; • Stage 1: the Bill is first referred to a relevant committee, which produces a report informed by evidence from interested parties, then the Parliament debates the Bill and decides whether to agree to its general principles; • Stage 2: the Bill returns to a committee for detailed consideration of amendments; • Stage 3: the Bill is considered by the Parliament, with consideration of further amendments followed by a debate and a decision on whether to pass the Bill. After a Bill is passed, three law officers and the Secretary of State have a period of four weeks within which they may challenge the Bill under sections 33 and 35 of the Scotland Act respectively. The Bill may then be submitted for Royal Assent, at which point it becomes an Act. Standing Orders allow for some variations from the above pattern in some cases. For example, Bills may be referred back to a committee during Stage 3 for further Stage 2 consideration. In addition, the procedures vary for certain categories of Bills, such as Committee Bills or Emergency Bills. For some volumes in the series, relevant proceedings prior to introduction (such as pre-legislative scrutiny of a draft Bill) may be included. The reader who is unfamiliar with Bill procedures, or with the terminology of legislation more generally, is advised to consult in the first instance the Guidance on Public Bills published by the Parliament. That Guidance, and the Standing Orders, are available for sale from Stationery Office bookshops or free of charge on the Parliament’s website (www.scottish.parliament.uk). The series is produced by the Legislation Team within the Parliament’s Chamber Office. Comments on this volume or on the series as a whole may be sent to the Legislation Team at the Scottish Parliament, Edinburgh EH99 1SP. Notes on this volume The Bill to which this volume relates followed the standard 3 stage process described above. The Justice 1 Committee issued a call for written evidence at Stage 1 and received over 50 submissions. Those submissions not published in the Stage 1 Report, including some received after the publication of the report, are included in this volume after that report. The Finance Committee reported to the Justice 1 Committee on the Bill at Stage 1. The Finance Committee report is included in Annexe B of the Stage 1 Report. However, the minutes and the written and oral evidence for the Finance Committee meeting were not included in that report, and are, therefore, included in this volume after the report. The Bill was introduced as the Scottish Commissioner for Human Rights Bill but enacted as the Scottish Commission for Human Rights Bill, following an amendment to the short title at Stage 3. Forthcoming titles The next titles in this series will be: • SPPB 102: Planning etc (Scotland) Bill 2005 • SPPB 103: St Andrew’s Day Bank Holiday (Scotland) Bill 2005 • SPPB 104: Bankruptcy and Diligence etc. (Scotland) Bill 2005 • SPPB 105: Adoption and Children (Scotland) Bill 2006 Scottish Commissioner for Human Rights Bill [AS INTRODUCED] CONTENTS Section Scottish Commissioner for Human Rights 1 Scottish Commissioner for Human Rights General functions 2 General duty to promote human rights 3 Duty to monitor law, policy and practice 4 Information, guidance, education etc. Inquiries 5 Power to conduct inquiries 6 Restrictions as to scope of inquiry 7 Evidence 8 Places of detention: powers of entry, inspection and interview 9 Report of inquiry 10 Confidentiality of information Intervention in civil proceedings 11 Power to intervene Reports 12 Annual report 13 Publication of reports General 14 Power to co-operate etc. with others 15 Protection from actions for defamation 16 Giving of notice 17 Meaning of “Scottish public authority” 18 Interpretation 19 Short title, Crown application and commencement __________ Schedule 1—Scottish Commissioner for Human Rights Schedule 2—Inquiries: supplementary provision as to evidence Schedule 3—Places of detention: powers of entry, inspection and interview SP Bill 48 Session 2 (2005) 1 2 Scottish Commissioner for Human Rights Bill 1 ACCOMPANYING DOCUMENTS Explanatory Notes, together with other accompanying documents, are printed separately as SP Bill 48-EN. A Policy Memorandum is printed separately as SP Bill 48-PM. Scottish Commissioner for Human Rights Bill [AS INTRODUCED] An Act of the Scottish Parliament to provide for the appointment and functions of the Scottish Commissioner for Human Rights. Scottish Commissioner for Human Rights 1 Scottish Commissioner for Human Rights 5 (1) There is to be an officer known as the Scottish Commissioner for Human Rights (and referred to in this Act as the “Commissioner”). (2) The Commissioner is to be an individual appointed by Her Majesty on the nomination of the Scottish Parliament. (3) Her Majesty may, on the nomination of the Parliament, appoint individuals to be deputy 10 Scottish Commissioners for Human Rights; and references in this Act to a deputy Commissioner are to any such deputy.